Commercial vehicles crowd New Jersey highways and communities. Although we rely on the goods and services brought by 18-wheelers, box trucks, garbage trucks, buses, and delivery vans, these large, unwieldy commercial vehicles far outsize and outweigh standard family vehicles, leaving motorists vulnerable to serious or grave injuries in an accident. According to the National Highway Traffic Safety Administration (NHTSA), 5,936 motorists died in commercial vehicle accidents involving medium—and heavy-duty trucks in 2022, and many more accident victims suffered serious injuries.
What Common Injuries Can Occur?
The occupants of smaller vehicles face an increased risk of injuries in accidents involving commercial vehicles. About 70% of injuries in commercial vehicle accidents occur to motorists in other involved cars and not the driver of the commercial truck. Common injuries in commercial truck accidents range from mild and fully recoverable, to severe, life-altering, or fatal, including the following:
- Traumatic brain injuries
- Fractures
- Neck injuries
- Back injuries
- Traumatic amputations
- Internal organ damage
- Spinal cord injuries
- Burns
- Soft-tissue injuries such as torn ligaments, sprains, and strains
- Lacerations, abrasions, and contusions
- Facial trauma
In the most catastrophic commercial truck accidents such as underride accidents (when a car lodges below a truck’s trailer) or override accidents (when a large truck rolls on top of a smaller vehicle), fatal crush injuries and decapitations may occur.
What Makes a Commercial Vehicle Accident Claim More Complicated?
Many car accident claims are challenging because insurance companies rarely write out large checks easily, protecting their profits at the injury victim’s expense. Commercial vehicle accident claims are often more difficult due to multiple potentially liable parties. For example, a successful Cherry Hill truck accident lawsuit requires documenting evidence of the at-fault party’s liability for a lawsuit. Under New Jersey’s no-fault insurance laws, car accident victims file claims against their own insurance policy to cover their damages; however, there are exceptions for accidents caused by someone else’s negligence when the damages far exceed the injury victim’s insurance or result in permanent harm.
Claims in commercial vehicle accidents quickly become complicated. Several parties share responsibility for putting a safe commercial vehicle on the road and operating it responsibly. It takes a thorough investigation to determine the correct liable party or multiple parties who contributed to the accident. Common liable parties in commercial vehicle accidents include:
- The truck driver
- The truck company
- A government agency (for garbage trucks and city maintenance vehicles)
- A truck maintenance agency
- A negligent freight loading company
- The manufacturer of a defective part
Under comparison negligence insurance laws, when multiple parties contribute to an accident, they may share liability for the victim’s damages. Common damages recovered in commercial vehicle accident injury claims include property damage to a vehicle, medical expenses, future medical costs, income loss, diminished future earning capacity, and compensation for pain and suffering.
How Can a Car Accident Attorney Help?
Insurance companies aren’t in a hurry to admit their policyholder’s liability but require substantial evidence to issue a payout on all of a victim’s economic and non-economic damages listed in their claim. A car accident lawyer with experience navigating commercial vehicle claims investigates all aspects of the accident, documents evidence, and makes a compelling case to the appropriate insurance company for the maximum compensation available to you for your commercial truck accident injury claim.